Gautam Institute Of Nursing And Paramedics, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24398 of 2019 ====================================================== Gautam Institute of Nursing and Paramedics, Bhaganbigha, Biharsharif, Nalanda through the Secretary of Right Path Foundation, registered under Indian Trust Act 1882 having its registered office at 102 Dropadi Kunj Apartment, New Patliputra Colony, Patna namely Avijeet Kumar (Male), aged about 48 Years, Son of Devendra Prasad Singh, Resident of Flat No. 102, Dropadi Kunj Apartment, New Patliputra Colony, P.S.- Patliputra, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna.

2.

The Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna.

3.

The Director In-Chief, Health Services, Department of Health, Govt. of Bihar, New Secretariat, Patna.

4.

Aryabhatta Knowledge University, Mithapur Farm Area, Mithapur, Patna through its Registrar.

5.

The Vice Chancellor, Aryabhatta Knowledge University, Mithapur Farm Area, Mithapur, Patna.

6.

The Registrar, Aryabhatta Knowledge University, Mithapur Farm Area, Mithapur, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K.Shahi, Sr. Advocate Mr.Arun Kumar For the Respondent/s :

Mr.Chitranjan Sinha ( PAAG2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2020 Heard Mr. P.K.Shahi, learned senior counsel for the petitioner and the learned counsel for the respondents. The grievance of the petitioner in the present writ application is indecisiveness on the part of the respondent Aryabhatta Knowledge University in the matter of grant of affiliation to the institution.

Patna High Court CWJC No.24398 of 2019(3) dt.16-01-2020 2/3 Learned senior counsel for the petitioner submits that the case of the petitioner-institution was considered by the State Government and vide order as contained in Memo No. 330(6) dated 06.03.2019 decision was taken for grant of recognition for M.Sc. Nursing with 50 intake. The letter was also communicated to the Registrar of the Aryabhatta Knowledge University for information and necessary action. Unfortunately, for the last ten months, no decision was taken by the Aryabhatta Knowledge University, which compelled the petitioner to approach this Court.

The Aryabhatta Knowledge University is affiliating University but due to the indecisiveness on the part of the University the matter of affiliation/recognition of the institution, in question, is pending notwithstanding granting recognition by the appropriate authority including the Directorate, Health Department, Government of Bihar.

Mr. P.K.Shahi, learned senior counsel for the petitioner submits that in addition to the communication of the order dated 06.03.2019 by the Directorate, Health Department, Government of Bihar, the petitioner has also applied in prescribed format after depositing the fee, but the matter is pending at the level of the Aryabhatta Knowledge University.

Patna High Court CWJC No.24398 of 2019(3) dt.16-01-2020 3/3 Considering the facts aforesaid, the writ application is disposed of with a direction to the Aryabhatta Knowledge University to take appropriate decision in the matter of grant of affiliation of the petitioner institution for M.Sc. Nursing within two months from the date of receipt/production of a copy of this order.

With the aforesaid direction, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U